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Wednesday, June 22, 2011

Rep. Ryan: Countdown to Default







Mon 20 Jun 11 | 07:04 AM ET

The following transcript has not been checked for accuracy.
let's welcome this morning's guest host. house budget committee paul ryan. congressman, great to see you. how are you holding up? doing great. i feel like i'm on the deck of the star ship enterprise. first time i've been on the new set. we get mail here from time to time pip scott walker's ratings are down. he's not thin skinned either. you wouldn't change anything that's happened so far, but you have seen -- i guess both sides when the preside kem dem goinge don't step a step back and say why am i doing this? i could be doing something else? well, actually, because i think that, i can go do something else, see my family more, i'm willing to lose the job, then you can get good at the job. you can't be good at jobs like this unless you're willing to put about the risk in there and be willing to lose the job. if you're a politician whose number one concern is re-election, then you're not going to be good. we were just talking about that. you can't have that kind of mind set. and sadly most people do. and the other problem is demagoguery, both parties do this to each other, so we have this political paralysis which means nothing gets done. wall street journal said that is crucial. they had an entire article about how pa ral sirs is supposed to that be way, how we're not supposed to do anything all that quickly. sure, but we're having a debt crisis. at least we should have things working a little bit. the senate hasn't passed a budget in 780 days or something like that. so government needs to work a little bit. so, yes, it shouldn't be doing things so quickly and you can cite examples where either party went too fast. i would do things differently. i brought you a copy of our benlg eith budget for your reading about about you'd like. we decided we weren't going to make the same mistakes we matt last time which was we ran as fiscal conservatives and then we earmarked and did all these things that were hypocrisy. so we put out a plan, an actual plan, a real budget not only gets us to a balance that pays off the debt, it peaks in two years, goes down from there, we save our entitlement programs, we reform the tax code, our focus is pro-growth economics, job creation, reform the welfare state, so we have a safety net and not a welfare state. those are the things we're trying to accomplish. we put a real plan out there. we're hoping that that would get the democrats to come to the stable with their ideas. so you get down to that sort of adult conversation and what we're experiencing now is politic demagoguery. you go trillions in the hole every year you don't come something to fix this problem. so that creates uncertainty. i'd argue the reason we're not growing fast is government activi activism. uncertainty on debt, uncertainty on regulation because you have so much government abilitity vichl, and uncertainty on taxes. not only because of current law, but because of debt. that's not getting under control. sdwr we h jared bertstein will tell you that's bunk. but the uncertainty will you guys not raising the debt limit that's causing jobs not to be -- that they like. so the argument is roll over and give us a rubber stamp on the debt limit and keep going. depends on your uncertainty. i can't see anything happening between now and 2012. we had a currency guy on who said -- i saw him in the green room. we put a budget out there that's an actual budget. you passed it that it cut over $6 trillion in spending over the next ten year, reforms the tax code for the individualses and corporations. we do all of these things prp we were hoping that the democrats? the senate would give a counteroffer and start negotiating. they're running ads shows us pushing old ladies off cliffs. so what's left? it's the debt limit. because the senates has s has ne a budget, the debt limit is our only real opportunity to get some real fiscal responsibility. so we're using this as an opportunity to get a done payment on the deficit and debt. the democrats are saying the world would end and then you guys are saying you really are serious about about not raising to try -- just watching both sides -- but we tried the president's plan. they said give us a naked debt limit. we said we'll throw that on the floor and see how the votes go. we had a lot of democrats join fuss opposing that. would you really vote no to raise it if push came to shove? first of all, default is not our strategy. nobody wants to see that happening. but we don't want to see both political parties show the world and the credit markets that we can't do anything about spending. that we throw in the towel on america. john and i talk about this a lot. it's very simple. we're saying for every dollar of debt limit increase, cut spending by more than a dollar's worth. that's not that hard to chief. the president wants about $2.4 trillion increase in the debt limit. we propose $6.2 trillion in spending cuts. we've laid a lot of cards on stable. but if you can get $2.5 trillion in spending cuts, you'd sign off? yes. the whole purpose of these biden talkses is to get to how do you cut that spending. how do you get that extra dollar's worth of spending cuts. so we want to get real spending cuts with real process reforms that lock this and guarantee those spending cuts. we see this as a necessary down payment on getting the debt under control headed in the right direction. that will buy us time and are we going resolve 40 years of ideological differences by august 2nd? no. but are you going to be willing to compromise? because what the democrats want is between two-thirds spending cuts, one-third revenue raises. we're not going raise taxes. our economy is in such a soft spot right now -- you don't want to raise taxes on might be in a weak economy. you got to raise revenue somewhere. yes, by growing the economy. of you have to reform the tax code to get economic to get economic growth and job creation. when you raise tax revenues on paper, those grow with gdp. the problem is government spending particularly health care grows a whole lot faster. so you're putting yourself on a horrible slippery slope. that will slow down our economy even more. but that's where the sticking point is. nobody is arguing that spending cuts have to come in. we get a lot of resistance on cutting spending. that's why we're saying we in the house are going to make sure that we actually get spending under control. spending has gone up so fast lately. disdiscretionary spending went up 24% over the last two years. it went up 84% when you throw in the stimulus on top. all this sort of demand side borrowing and spending hasn't worked. the multipliers they use has been discredited. and so we want to go with what works. getting spending under control, tax reforms, and more importantly, we have this levithan on health care and centering that is putting a huge chilling effect on -- but that won't get settled by august 2nd in that. no, because the administration controls regulations. so the house can help control spending. i'm looking at ways that you can find a way to agree to raise the debt creating. if you got $4 trillion in spending cuts, a 6 -- you can say read my lips. what if there is a way by lowering corporate taxes and closing loopholes. our budget says lower the corporate tax cut to at least 25 percent by broadening the tax base. i have heard democrats say that in the last couple weeks. they're starting to sound like us on that and i'm glad. everyone the fiscal commission said for growth in america, lower tax rates across the board by broadening the tax base. we agree with that concept. why not how you get to something that you sign off on that by august 2nd either. i don't either. but i really believe we can get serious spending cuts out of these debt limit talk. i really do believe we can cut more than a dollar worth of spending for every dollar of mc. i know with can do it technically speaking. but i do believe that the political system can do that. we have the will to do that and we're pushing for that. everybody is talking about repatriation which also if you -- good idea. instead of every seven year, let's have it every day. here's the new york times, he says the last time we did this, the holiday, it benefited the 60% of bringing the money back went to just 15 of the largest united states multi-national companies. many of which laid off domestic workers, closed domestic plants and shifted even more of their profits and resources abroad in hopes of cashing this on the next repatriation holiday. so the new york times, they let this guy write the front page piece. and write in the body of the piece says that the reason they moved things offshore was to cash in on this next -- not that it's a 35% tax rate, not that it if we lowered to 25% that there would be no reason to do any of those things. and that's what you're going to get. you're not going to get anything until 2012. we have andy stern saying -- he's for repatriation. he is. i'm not going try to bother pronouncing this guy's name either. but the new york times, a lot of it went to shareholders. god bid that happens. we're looking up so much cash overseas. our tax system is uncompetitive. first of all, we have the second highest tax rate in the industrialized world. you can say ge and others, but there are lots of large corporations that pay these high effective tax rates. u.p.s. was 34%. i talked to jim mcnerney. their tax rate is extremely high. so when you talk american producers a whole lot more than our foreign competitors tax theirs, they win, we lose. it's a complicated tax code, 00. the idea that there is all these work arounds. corporations and individuals. that's what i'm trying to say. we've got washington sitting in there in washington picking winners and losers in the economy, whether it's the regulations, whether through favorable spending, or through tax code. i've been on ways and means committee for over a decade and what happens is our connected firms go and get their little carve out in the tax system which effectively operates as a barrier to entry defense over smaller would-be competitors. we don't want corporate welfare. we want to have good fundamental economic growth, free enterprise. that means we want firms and ideas and entrepreneurs to be succeeding based on achievement production, value, competition, not based on connections in

'Default Not Our Strategy' in Getting Spending Cuts: Ryan

Published: Monday, 20 Jun 2011 | 10:12 AM ET

By: Jeff Cox
CNBC.com Staff Writer


Before approving a raise in the debt ceiling congressional Republicans want at least the same amount in spending cuts, Rep. Paul Ryan told CNBC.
House Budget Chairman Paul Ryan
Bill Clark | Getty Images

Ryan, head of the House Budget Committee, said attaching conditions to raising the nearly $14.3 trillion national debt ceiling is the only way the GOP can get Democrats to rein in the spending that has led to the spiraling debt and deficit problem.
"We want to get real spending cuts with real process reforms that lock in and guarantee those spending cuts," he said in a live interview. "We see this as a necessary down payment on getting the debt under control and heading in the right direction. That will calm markets. We think that will buy us time in the credit markets."
The two parties have been locked in a debate as the debt ceiling reaches its limit and the US faces a theoretical threat of default on its debt obligations.
Ryan, of Wisconsin, drew criticism several weeks ago when he suggested that should Washington not raise the ceiling that its creditors wouldn't mind if the US missed payments as long as progress was being made toward controlling spending.
On Monday, he said default is not the goal but vowed that Republicans would remain steadfast in addressing the debt and deficit issues.
"Default is not our strategy. Nobody wants to see that happening, but we don't want to see both political parties show the world and the credit markets that we just can't do anything about spending, that we just throw in the towel on America because we can't get our fiscal house in order," Ryan said.
Ryan has proposed a budget that cuts $6.2 trillion in spending that has been rejected so far.
Jared Bernstein, former economist for Vice President Joe Biden, called the Republican plan "Robin Hood in reverse" and said it was more of the same methods used during former President Ronald Reagan's time in office during the 1980s.
"Trickle-down economics didn't work in the '80s, it didn't work in the 2000s. The opposite worked in the '90s," Bernstein said. "The idea of slashing spending, hurting the most vulnerable people in the economy by cutting Medicare, college tuition, food stamps...this is your own version of class warfare."
Ryan took the opposite tack, saying that continuing to throw money at the economy's ills hasn't worked, either.
"All this sort of demand-side Keynsian spending—borrowing and spending—it hasn't worked, it doesn't work. The multipliers they use to justify these things have been thoroughly discredited," he said. "So we want to go with what works."

Rep. Roe Op-Ed: Give Patients Control of Health Care


Rep. Phil Roe (TN-01) 



Politico, Jun 20 - Trustees of the Social Security and Medicare trust funds released a report on the two programs’ financial status and news was not good: Medicare is likely to go bankrupt by 2024 —five years earlier than last year’s estimate.

This threatens senior care. At this rate, Medicare will not be available for future generations.
However, we can act now to save Medicare, improve quality of care — and keep Washington bureaucrats out of patients’ medical decisions.

Fixing Medicare should not compromise patient care. The president’s health care bill created the controversial Independent Payment Advisory Board. This panel of unelected bureaucrats, whose sole purpose is to decide whether to offer Medicare benefits based on a budget, could lead to government rationing of care.

With Medicare’s worsening outlook, President Barack Obama is now trying to double down on his health care plan — and allow the board to ration even more care.

I have introduced bipartisan legislation to abolish the IPAB, with more than 120 cosponsors to date. By passing our bill, Democrats and Republicans can declare with a unified voice that charging unelected bureaucrats with patient care decisions is unacceptable. We must preserve Medicare by giving patients the power to control their health care.

The IPAB is duplicitous for many reasons. It shifts health care decision-making power away from the patient. It’s devised to operate without transparency or accountability, bypassing all congressional oversight. It places the focus on slashing Medicare costs, rather than on improving the quality of care.

Under the IPAB, 15 unelected bureaucrats decide what constitutes “necessary care.” The IPAB is likely to create a “one size fits all” solution when it comes to medical care.

As a physician, I can tell you firsthand how dangerous this can be. In medicine, every case is unique — and must be treated that way.

In addition, the board’s recommendations can develop Medicare policies and decisions without any transparency, oversight or debate. If Congress fails to change the IPAB’s recommendations, they go into effect. It’s important to note that Congress can only change where to cut – it cannot decide that cuts are too drastic. This could lead to denial of care.

For comparison, consider what has happened with Medicare physician payments. In 1997, Congress passed a formula called the sustainable growth rate — setting physician fees under Medicare. The formula works similarly to the IPAB: If physician payments exceed a targeted spending level, the per-procedure payment is cut to bring the spending levels back in line with the target.

The formula was developed to ensure that physicians receive adequate payment for their work — because they could just do more procedures. Instead, physicians have gotten a decade-plus of proposed cuts that they have had to ask Congress to stave off. A 21 percent cut recently went into effect for less than a month. So these cuts aren’t an idle threat.

The IPAB would effectively eliminate Congress’ ability to work with Centers for Medicare and Medicaid Services to create and implement demonstration and pilot projects designed to evaluate new and advanced polices — like home care for the elderly, less invasive surgical procedures, collaborative efforts between hospitals and physicians and programs designed to eliminate fraud and abuse.

The United Kingdom’s medical panel has a comparable board called National Institute for Health and Clinical Excellence. Obama borrowed from this model when creating the IPAB.
NICE recently denied use of several new drugs used to treat chronic leukemia patients. Its board’s reasoning was: “When we recommend the use of very expensive treatments, we need to be confident that they bring sufficient benefit to justify their cost.”

While the president claims his board will help reduce the deficit, the latest decision by NICE in Britain illustrates the likely way such deficit savings could be achieved: rationing care.

It’s easy for a board to deny funding for care. But what if you’re the patient with leukemia, or a doctor trying to offer the best care? NICE’s decision ignores quality of care if the treatment is deemed too expensive by the medical board’s standard.

Decisions like these are what the IPAB will have the authority to make. This cannot be allowed to happen.

The good news is that, under current law, the Congressional Budget Office has estimated that the board won’t yield any savings over the next 10 years. But that will surely change if the president has his way.

Web Extra: Politics and the Pledge

Keith Olbermann
June 17, 2011 at 9:55 AM



You can't force people to say the Pledge of Allegiance in this country, but apparently one Mississippi judge didn’t get the memo. Keith explains why freedom and other preciously-held  ideals are more important than the act of pledging allegiance to them.

Lincoln Legacy Infrastructure Development Act




Summary: The Lincoln Legacy Infrastructure Development Act encourages greater private participation in the finance and development of our transportation infrastructure, including highways, rail, transit, airports and ports. The legislation:
1) Removes federal restrictions on private-public partnerships;
2) Provides states greater flexibility to generate transportation revenues; and
3) Enhances access to private capital investment in our road, rail, aviation, highway and port infrastructure.
To read a copy of the full bill text click on the image above
To hear my summary of this legislation, click the image above 

North Carolina grapples with sterilization program legacy


Delores Marks poses for photograph in her home in Durham, N.C. Marks' mother, Margaret Helen Cheek, had been sterilized during North Carolina's eugenics program at Cherry Hospital in Goldsboro, N.C., where she was a patient for more than 10 years. (AP Photo/Jim R. Bounds)
RENEE ELDER,Associated Press
TOM BREEN,Associated Press
RALEIGH, North Carolina (AP) -- Nearly 35 years after ending the country's most active post-war sterilization program, North Carolina is the only state trying to make amends to thousands of people who cannot have children because of eugenics-inspired theories about social improvement.
Next week, victims and their relatives will tell their stories to a state task force considering compensation to victims of sterilizations that continued into 1974. Roughly 85 percent of victims were women or girls, some as young as 10. North Carolina has more victims living than any other state because a majority was sterilized after World War II, said Charmaine Fuller Cooper, director of the state Justice for Sterilization Victims Foundation.
Eugenics programs gained popularity in the U.S. and other countries in the early 1900s, but most abandoned those efforts after World War II because of the association with Nazi Germany's program aimed at racial purity. However, North Carolina's expanded, with sterilizations peaking in the 1950s and early 1960s. About 70 percent of the state's 7,600 sterilizations occurred after the war, state figures show.
Overt rationalization for the programs ranged from protecting the potential offspring of mentally disabled parents to improving the overall health and intellectual competence of the human race. Before the atrocities of World War II, it was seen by many -- both blacks and whites -- as a legitimate effort to improve society.
"Sterilization was always a cost-cutting measure," said Paul Lombardo, a professor at Georgia State University's College of Law. "The argument was, anybody who generates social costs shouldn't be allowed to have children."
In 1968, Elaine Riddick was like many others who were sterilized: poor, black and female.
Now living in Atlanta, Riddick plans to drive to Raleigh next week to tell the task force about her sterilization at age 14 following a rape. She said her grandmother gave the state permission for the procedure.
"My grandmother was worried about me. I didn't blame her," Riddick said.
Yet she said it was a traumatic experience that led to years of depression and physical problems. Riddick wants financial compensation from the state to pay for doctor bills and medicine.
Researchers estimate more than 60,000 people nationwide were sterilized during the 20th century as part of government programs. Even in states without sterilization laws, the procedures still occurred on local or informal levels. That means the real number could be 100,000 or higher, Lombardo said.
Among the 33 states with eugenics programs, North Carolina's was unique. The state had the most open-ended law in the country, allowing doctors and social workers to refer people living at home to the state Eugenics Board for possible sterilization. In every other state, Lombardo said, people had to be either institutionalized or jailed before they could be sterilized.
According to research done by University of Vermont professor Lutz Kaelber, North Carolina averaged about 300 sterilizations per year between 1950 and 1963.
It's not totally clear why support for sterilizations remained strong in North Carolina as it declined in nearly every other state.
The most obvious explanation is the influence of the Winston-Salem-based Human Betterment League, Fuller Cooper said. The nonprofit group aimed at social reform folded in 1988, but at its peak its members had the passion and financial backing needed to shape public policy, she said.



The North Carolina branch was organized by several wealthy and prominent citizens, including textile magnate James Hanes. The group's members drummed up support for sterilization through direct mail campaigns and other methods.
A league brochure from 1950 states: "You wouldn't give a responsible position to a person of little intelligence. Yet each day the feebleminded and the mentally defective are entrusted with the most important and far reaching job of all -- the job of parenthood."
The Department of Social Services even established a psychology division to test individuals referred by social workers. Many received benefits such as special education or occupational training. Some with mental disabilities, mental illness or even epilepsy were deemed unfit to become parents.
"This wasn't just a bunch of evil people running around. Many of these people really wanted to alleviate suffering," Lombardo said.
Mary Kilburn, a retired psychologist who worked for the state Social Services Department from 1969 to 1980, said she and her co-workers believed "we were doing a really helpful thing."
She said it has been a shock to see their work vilified because so many families welcomed the procedure at the time.
Now in her mid-70s, Kilburn said she testified before the Eugenics Board twice in her career. In both cases, she said, parents had asked the state to perform sterilizations to protect daughters whose intelligence test scores were in the 30- to 40-point range, less than half of what was considered average.
"I looked at it not as something being done to them, but something being done for them," Kilburn said.
The experience of Delores Marks' mother was typical. A black woman with four children living on a farm near Goldsboro, she was sent to a psychiatric hospital in 1953 after showing signs of what Marks thinks was probably post-partum depression. After a few months at the hospital, she returned home to her family, having been sterilized.
"My father couldn't write, yet his signature was on the paperwork," Marks said. "They even had my mother's signature, even though they said she couldn't understand what was happening to her."
Marks didn't find out the full details of the procedure until after her mother died, when she and her sisters got the medical records from the state.
Marks said it had a damaging impact on her mother that lasted the rest of her life.
"I really and truly believe it was mind-altering," she said. "First my grandparents and then my sisters and I had to take care of her in our homes."
That's why Marks believes relatives of sterilization victims also should be eligible for compensation.
"It's almost like we lived this with her, because once they released her, it became our responsibility," she said.
At least seven states have offered formal apologies for involuntary sterilizations, including North Carolina in 2002, when then-Gov. Mike Easley also appointed an initial task force to look into the issue. But only North Carolina has so far set up a process to compensate individual victims. And with the state legislature struggling to close a budget gap, questions of fairness may be pushed aside by simple economics.
There's widespread agreement that the roughly 2,944 living victims of state-sponsored sterilization should be given money or other types of assistance, but it remains to be determined whether the state's compensation will extend to family members or individuals sterilized by local health departments or private hospitals that were not part of the state program.
Copyright 2011 The Associated Press.

Supreme Court rules for Wal-Mart in massive job discrimination lawsuit


June 20th, 2011
10:21 AM ET


The Supreme Court put the brakes on a massive job discrimination lawsuit against mega-retailer Wal-Mart Stores, Inc., saying sweeping class-action status that could potentially involve hundreds of thousands of current and former female workers was simply too large.
The ruling Monday was a big victory for the nation's largest private employer, and the business community at large.
The high-profile case– perhaps the most closely watched of the high court's term– is among the most important dealing with corporate versus worker rights that the justices have ever heard, and could eventually impact nearly every private employer, large and small.
Gisel Ruiz, Executive Vice President for Wal-Mart U.S., said in a statement the company was "pleased" with the court's ruling.
"Walmart has had strong policies against discrimination for many years. The Court today unanimously rejected class certification and, as the majority made clear, the plaintiffs’ claims were worlds away from showing a companywide discriminatory pay and promotion policy," the statement said. "By reversing the Ninth Circuit Court of Appeals decision, the majority effectively ends this class action lawsuit.
“Walmart has a long history of providing advancement opportunities for our female associates and will continue its efforts to build a robust pipeline of future female leaders.”
The case is Wal-Mart Stores, Inc. v. Dukes (10-277).

Monday, June 20, 2011

African-American unemployment at 16 percent


June 19, 2011 7:00 PM

  •  

By
Michelle Miller






(CBS News) 
The economy and jobs will be big issues in Washington again this coming week.
While unemployment among the general population is about 9.1 percent, it's at 16.2 percent African Americans, and a bit higher still for African American males.
CBS News correspondent Michelle Miller reports that, historically, the unemployment rate for African Americans has always been higher than the national average. However, now it's at Depression-era levels. The most recent figures show African American joblessness at 16.2 percent. For black males, it's at 17.5 percent; And for black teens, it's nearly 41 percent.
Schumer questions GOP sincerity on job creation
Did Boeing move 1,000 jobs to get back at union?
College costs soar, and wages cover less of tab
For some, it's crunch time at STRIVE, a job training program in East Harlem, where instructors use drill sergeant-like techniques. They teach job-seekers to correct their mistakes by fining them a quarter each time they make them.
For young men of color, especially black males in New York City, things are especially bad. According to the think tank, the Community Service Society, 34 percent of New York's young black men age 19 to 24 are not working.
"If you haven't connected with the world of work by the age of 25, it's a permanent problem for the rest of your career," says David Johns with the Community Service Society.
Christopher Scott, 20 and a high school drop-out, got a GED last year, but he hasn't been able to find a job ever since.
"It makes me feel degraded in a way cause at 20, I should be more independent," Scott says.
For those with less than a college education, finding a job alone isn't the answer. Even if they secure employment, it's often below minimum wage, and in places like New York City, it's barely enough to survive.
Jermaine Christian, currently working as a restaurant busboy, graduated from one of the top high schools in the city in 2010. He can't afford college, so after searching for a year now, he works for $5.50 per hour.
"I became more or less desperate and took anything I could find," Christian says.
Job counselors say part of the problem is that high schools aren't teaching marketable skills.
"Unless you have a skill coming out of high school, in this society, in this economy, you will not be able to find a job," Johns says.
Even so, in this climate, where jobs are scarce, even having a real skill is still no guarantee of a job.

AP IMPACT: US nuke regulators weaken safety rules

LACEY TOWNSHIP, N.J. – Federal regulators have been working closely with the nuclear power industry to keep the nation's aging reactors operating within safety standards by repeatedly weakening those standards, or simply failing to enforce them, an investigation by The Associated Press has found.
Time after time, officials at the U.S. Nuclear Regulatory Commission have decided that original regulations were too strict, arguing that safety margins could be eased without peril, according to records and interviews.
The result? Rising fears that these accommodations by the NRC are significantly undermining safety — and inching the reactors closer to an accident that could harm the public and jeopardize the future of nuclear power in the United States.
Examples abound. When valves leaked, more leakage was allowed — up to 20 times the original limit. When rampant cracking caused radioactive leaks from steam generator tubing, an easier test of the tubes was devised, so plants could meet standards.
Failed cables. Busted seals. Broken nozzles, clogged screens, cracked concrete, dented containers, corroded metals and rusty underground pipes — all of these and thousands of other problems linked to aging were uncovered in the AP's yearlong investigation. And all of them could escalate dangers in the event of an accident.
Yet despite the many problems linked to aging, not a single official body in government or industry has studied the overall frequency and potential impact on safety of such breakdowns in recent years, even as the NRC has extended the licenses of dozens of reactors.
Industry and government officials defend their actions, and insist that no chances are being taken. But the AP investigation found that with billions of dollars and 19 percent of America's electricity supply at stake, a cozy relationship prevails between the industry and its regulator, the NRC.
Records show a recurring pattern: Reactor parts or systems fall out of compliance with the rules. Studies are conducted by the industry and government, and all agree that existing standards are "unnecessarily conservative."
Regulations are loosened, and the reactors are back in compliance.
"That's what they say for everything, whether that's the case or not," said Demetrios Basdekas, an engineer retired from the NRC. "Every time you turn around, they say `We have all this built-in conservatism.'"
The ongoing crisis at the stricken, decades-old Fukushima Dai-ichi nuclear facility in Japan has focused attention on the safety of plants elsewhere in the world; it prompted the NRC to look at U.S. reactors, and a report is due in July.
But the factor of aging goes far beyond the issues posed by the disaster at Fukushima.
Commercial nuclear reactors in the United States were designed and licensed for 40 years. When the first ones were being built in the 1960s and 1970s, it was expected that they would be replaced with improved models long before those licenses expired.
But that never happened. The 1979 accident at Three Mile Island, massive cost overruns, crushing debt and high interest rates ended new construction proposals for several decades.
Instead, 66 of the 104 operating units have been relicensed for 20 more years, mostly with scant public attention. Renewal applications are under review for 16 other reactors.
By the standards in place when they were built, these reactors are old and getting older. As of today, 82 reactors are more than 25 years old.
The AP found proof that aging reactors have been allowed to run less safely to prolong operations. As equipment has approached or violated safety limits, regulators and reactor operators have loosened or bent the rules.
Last year, the NRC weakened the safety margin for acceptable radiation damage to reactor vessels — for a second time. The standard is based on a measurement known as a reactor vessel's "reference temperature," which predicts when it will become dangerously brittle and vulnerable to failure. Over the years, many plants have violated or come close to violating the standard.
As a result, the minimum standard was relaxed first by raising the reference temperature 50 percent, and then 78 percent above the original — even though a broken vessel could spill its radioactive contents into the environment.
"We've seen the pattern," said nuclear safety scientist Dana Powers, who works for Sandia National Laboratories and also sits on an NRC advisory committee. "They're ... trying to get more and more out of these plants."
___
SHARPENING THE PENCIL
The AP collected and analyzed government and industry documents — including some never-before released. The examination looked at both types of reactor designs: pressurized water units that keep radioactivity confined to the reactor building and the less common boiling water types like those at Fukushima, which send radioactive water away from the reactor to drive electricity-generating turbines.
Tens of thousands of pages of government and industry studies were examined, along with test results, inspection reports and regulatory policy statements filed over four decades. Interviews were conducted with scores of managers, regulators, engineers, scientists, whistleblowers, activists, and residents living near the reactors, which are located at 65 sites, mostly in the East and Midwest.
AP reporting teams toured some of the oldest reactors — the unit here at Oyster Creek, near the Atlantic coast 50 miles east of Philadelphia, and two units at Indian Point, 25 miles north of New York City along the Hudson River.
Called "Oyster Creak" by some critics because of its aging problems, this boiling water reactor began running in 1969 and ranks as the country's oldest operating commercial nuclear power plant. Its license was extended in 2009 until 2029, though utility officials announced in December that they'll shut the reactor 10 years earlier rather than build state-ordered cooling towers. Applications to extend the lives of pressurized water units 2 and 3 at Indian Point, each more than 36 years old, are under review by the NRC.
Unprompted, several nuclear engineers and former regulators used nearly identical terminology to describe how industry and government research has frequently justified loosening safety standards to keep aging reactors within operating rules. They call the approach "sharpening the pencil" or "pencil engineering" — the fudging of calculations and assumptions to yield answers that enable plants with deteriorating conditions to remain in compliance.
"Many utilities are doing that sort of thing," said engineer Richard T. Lahey Jr., who used to design nuclear safety systems for General Electric Co., which makes boiling water reactors. "I think we need nuclear power, but we can't compromise on safety. I think the vulnerability is on these older plants."
Added Paul Blanch, an engineer who left the industry over safety issues but later returned to work on solving them: "It's a philosophical position that (federal regulators) take that's driven by the industry and by the economics: What do we need to do to let those plants continue to operate? They somehow sharpen their pencil to either modify their interpretation of the regulations, or they modify their assumptions in the risk assessment."
In public pronouncements, industry and government say aging is well under control. "I see an effort on the part of this agency to always make sure that we're doing the right things for safety. I'm not sure that I see a pattern of staff simply doing things because there's an interest to reduce requirements — that's certainly not the case," NRC chairman Gregory Jaczko said in an interview at agency headquarters in Rockville, Md.
Neil Wilmshurst, director of plant technology for the industry's Electric Power Research Institute, acknowledged that the industry and NRC often collaborate on research that supports rule changes. But he maintained that there's "no kind of misplaced alliance ... to get the right answer."
Yet agency staff, plant operators, and consultants paint a different picture in little-known reports, where evidence of industry-wide problems is striking:
_The AP reviewed 226 preliminary notifications — alerts on emerging safety problems — issued by the NRC since 2005. Wear and tear in the form of clogged lines, cracked parts, leaky seals, rust and other deterioration contributed to at least 26 alerts over the past six years. Other notifications lack detail, but aging also was a probable factor in 113 additional alerts. That would constitute up to 62 percent in all. For example, the 39-year-old Palisades reactor in Michigan shut Jan. 22 when an electrical cable failed, a fuse blew, and a valve stuck shut, expelling steam with low levels of radioactive tritium into the air outside. And a one-inch crack in a valve weld aborted a restart in February at the LaSalle site west of Chicago.
_One 2008 NRC report blamed 70 percent of potentially serious safety problems on "degraded conditions." Some involve human factors, but many stem from equipment wear, including cracked nozzles, loose paint, electrical problems, or offline cooling components.
_Confronted with worn parts that need maintenance, the industry has repeatedly requested — and regulators have often allowed — inspections and repairs to be delayed for months until scheduled refueling outages. Again and again, problems worsened before they were fixed. Postponed inspections inside a steam generator at Indian Point allowed tubing to burst, leading to a radioactive release in 2000. Two years later, cracking was allowed to grow so bad in nozzles on the reactor vessel at the Davis-Besse plant near Toledo, Ohio, that it came within two months of a possible breach, the NRC acknowledged in a report. A hole in the vessel could release radiation into the environment, yet inspections failed to catch the same problem on the replacement vessel head until more nozzles were found to be cracked last year.
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TIME CRUMBLES THINGS
Nuclear plants are fundamentally no more immune to the incremental abuses of time than our cars or homes: Metals grow weak and rusty, concrete crumbles, paint peels, crud accumulates. Big components like 17-story-tall concrete containment buildings or 800-ton reactor vessels are all but impossible to replace. Smaller parts and systems can be swapped, but still pose risks as a result of weak maintenance and lax regulation or hard-to-predict failures. Even when things are fixed or replaced, the same parts or others nearby often fail later.
Even mundane deterioration at a reactor can carry harsh consequences.
For example, peeling paint and debris can be swept toward pumps that circulate cooling water in a reactor accident. A properly functioning containment building is needed to create air pressure that helps clear those pumps. The fact is, a containment building could fail in a severe accident. Yet the NRC has allowed operators to make safety calculations that assume containment buildings will hold.
In a 2009 letter, Mario V. Bonaca, then-chairman of the NRC's Advisory Committee on Reactor Safeguards, warned that this approach represents "a decrease in the safety margin" and makes a fuel-melting accident more likely. At Fukushima, hydrogen explosions blew apart two of six containment buildings, allowing radiation to escape from overheated fuel in storage pools.
Many photos in NRC archives — some released in response to AP requests under the federal Freedom of Information Act — show rust accumulated in a thick crust or paint peeling in long sheets on untended equipment at nuclear plants. Other breakdowns can't be observed or predicted, even with sophisticated analytic methods — especially for buried, hidden or hard-to-reach parts.
Industry and government reports are packed with troubling evidence of unrelenting wear — and repeated regulatory compromises.
Four areas stand out:
BRITTLE VESSELS: For years, operators have rearranged fuel rods to limit gradual radiation damage to the steel vessels protecting the core and to keep them strong enough to meet safety standards.
It hasn't worked well enough.
Even with last year's weakening of the safety margins, engineers and metal scientists say some plants may be forced to close over these concerns before their licenses run out — unless, of course, new compromises with regulations are made. But the stakes are high: A vessel damaged by radiation becomes brittle and prone to cracking in certain accidents at pressurized water reactors, potentially releasing its radioactive contents into the environment.
LEAKY VALVES: Operators have repeatedly violated leakage standards for valves designed to bottle up radioactive steam in the event of earthquakes and other accidents at boiling water reactors.
Many plants have found they could not adhere to the general standard allowing each of these parts — known as main steam isolation valves — to leak at a rate of no more than 11.5 cubic feet per hour. In 1999, the NRC decided to permit individual plants to seek amendments of up to 200 cubic feet per hour for all four steam valves combined.
But plants keep violating even those higher limits. For example, in 2007, Hatch Unit 2, in Baxley, Ga., reported combined leakage of 574 cubic feet per hour.
CRACKED TUBING: The industry has long known of cracking in steel alloy tubing originally used in the steam generators of pressurized water reactors. Ruptures were rampant in these tubes containing radioactive coolant; in 1993 alone, there were seven. Even today, as many as 18 reactors are still running on old generators.
Problems can arise even in a newer metal alloy, according to a report of a 2008 industry-government workshop.
CORRODED PIPING: Nuclear operators have failed to stop an epidemic of leaks in pipes and other underground equipment in damp settings. The country's nuclear sites have suffered more than 400 accidental radioactive leaks during their history, the activist Union of Concerned Scientists reported in September.
Plant operators have been drilling monitoring wells and patching hidden or buried piping and other equipment for several years to control an escalating outbreak.
Here, too, they have failed. Between 2000 and 2009, the annual number of leaks from underground piping shot up fivefold, according to an internal industry document obtained and analyzed by the AP.
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CONCERNS OF LONG STANDING
Even as they reassured the public, regulators have been worrying about aging reactors since at least the 1980s, when the first ones were entering only their second decade of operation. A 1984 report for the NRC blamed wear, corrosion, crud and fatigue for more than a third of 3,098 failures of parts or systems within the first 12 years of industry operations; the authors believed the number was actually much higher.
A decade later, in 1994, the NRC reported to Congress that the critical shrouds lining reactor cores were cracked at a minimum of 11 units, including five with extensive damage. The NRC ordered more aggressive maintenance, but an agency report last year said cracking of internal core components — spurred by radiation — remains "a major concern" in boiling water reactors.
A 1995 study by Oak Ridge National Laboratory covering a seven-year period found that aging contributed to 19 percent of scenarios that could have ended in severe accidents.
In 2001, the Union of Concerned Scientists, which does not oppose nuclear power, told Congress that aging problems had shut reactors eight times within 13 months.
And an NRC presentation for an international workshop that same year warned of escalating wear at reactor buildings meant to bottle up radiation during accidents. A total of 66 cases of damage were cited in the presentation, with corrosion reported at a quarter of all containment buildings. In at least two cases — at the two-reactor North Anna site 40 miles northwest of Richmond, Va., and the two-unit Brunswick facility near Wilmington, N.C. — steel containment liners designed to shield the public had rusted through.
And in 2009, a one-third-inch hole was discovered in a liner at Beaver Valley Unit 1 in Shippingport, Pa.
Long-standing, unresolved problems persist with electrical cables, too.
In a 1993 report labeled "official use only," an NRC staffer warned that electrical parts throughout plants were subject to dangerous age-related breakdowns unforeseen by the agency. Almost a fifth of cables failed in testing that simulated the effects of 40 years of wear. The report warned that as a result, reactor core damage could occur much more often than expected.
Fifteen years later, the problem appeared to have worsened. An NRC report warned in 2008 that rising numbers of electrical cables are failing with age, prompting temporary shutdowns and degrading safety. Agency staff tallied 269 known failures over the life of the industry.
Two industry-funded reports obtained by the AP said that managers and regulators have worried increasingly about the reliability of sometimes wet, hard-to-reach underground cables over the past five-to-10 years. One of the reports last year acknowledged many electrical-related aging failures at plants around the country.
"Multiple cable circuits may fail when called on to perform functions affecting safety," the report warned.
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EATEN AWAY FROM WITHIN
Few aging problems have been more challenging than chemical corrosion from within.
In one of the industry's worst accidents, a corroded pipe burst at Virginia's Surry 2 reactor in 1986 and showered workers with scalding steam, killing four.
In summer 2001, the NRC was confronted with a new problem: Corrosive chemicals were cracking nozzles on reactors. But the NRC let operators delay inspections to coincide with scheduled outages. Inspection finally took place in February 2002 at the Davis-Besse unit in Ohio.
What workers found shocked the industry.
They discovered extensive cracking and a place where acidic boron had spurted from the reactor and eaten a gouge as big as a football. When the problem was found, just a fraction of an inch of inner lining remained. An NRC analysis determined that the vessel head could have burst within two months — what former NRC Commissioner Peter Bradford has called a "near rupture" which could have released large amounts of radiation into the environment.
In 2001-3 alone, at least 10 plants developed these cracks, according to an NRC analysis.
Industry defenders blame human failings at Davis-Besse. Owner FirstEnergy Corp. paid a $28 million fine, and courts convicted two plant employees of hiding the deterioration. NRC spokesman Scott Burnell declared that the agency "learned from the incident and improved resident inspector training and knowledge-sharing to ensure that such a situation is never repeated."
Yet on the same March day last year that Burnell's comments were released, Davis-Besse workers again found dried boron on the nozzles of a replacement vessel head, indicating more leaks. Inspecting further, they again found cracks in 24 of 69 nozzles.
"We were not expecting this issue," said plant spokesman Todd Schneider.
In August, the operator applied for a 20-year license extension. Under pressure from the NRC, the company has agreed to replace the replacement head in October.
As far back as the 1990s, the industry and NRC also were well aware that the steel-alloy tubing in many steam generators was subject to chemical corrosion. It could crack over time, releasing radioactive gases that can bypass the containment building. If too much spurts out, there may be too little water to cool down the reactor, prompting a core melt.
In 1993, NRC personnel reported seven outright ruptures inside the generators, several forced outages per year, and some complete replacements. Personnel at the Catawba plant near Charlotte, N.C., found more than 8,000 corroded tubes — more than half its total.
For plants with their original generators, "there is no end in sight to the steam generator tube degradation problems," a top agency manager declared. NRC staffers warned: "Crack depth is difficult to measure reliably and the crack growth rate is difficult to determine."
Yet no broad order was issued for shutdowns to inspect generators.
Instead, the staff began to talk to operators about how to deal with the standard that no cracks could go deeper than 40 percent through the tube wall.
In 1995, the NRC staff put out alternative criteria that let reactors keep running if they could reach positive results with remote checks known as "eddy-currents tests." The new test standard gave more breathing room to reactors.
According to a 2001 report by the Advisory Committee on Reactor Safeguards, the staff "acknowledged that there would be some possibility that cracks of objectionable depth might be overlooked and left in the steam generator for an additional operating cycle." The alternative, the report said, would be to repair or remove potentially many tubes from service.
NRC engineer Joe Hopenfeld, who had worked previously in the industry, challenged this approach at the time from within the agency. He warned that multiple ruptures in corroded tubing could release radiation. The NRC said radiation would be confined.
Hopenfeld now says this conclusion wasn't based on solid analysis but "wishful thinking" and research meant to reach a certain conclusion — another instance of "sharpening the pencil."
"It was a hard problem to solve, and they did not want to say it was a problem, because if they really said it was a problem, they would have to shut down a lot of reactors."
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AGE IS NO ISSUE, SAYS INDUSTRY
With financial pressures mounting in the 1990s to extend the life of aging reactors, new NRC calculations using something called the "Master Curve" put questionable reactor vessels back into the safe zone.
A 1999 NRC review of the Master Curve, used to analyze metal toughness, noted that energy deregulation had put financial pressure on nuclear plants. It went on: "So utility executives are considering new operational scenarios, some of which were unheard of as little as five years ago: extending the licensed life of the plant beyond 40 years." As a result, it said, the industry and the NRC were considering "refinements" of embrittlement calculations "with an eye to reducing known over-conservatisms."
Asked about references to economic pressures, NRC spokesman Burnell said motivations are irrelevant if a technology works.
Former NRC commissioner Peter Lyons said, "There certainly is plenty of research ... to support a relaxation of the conservativisms that had been built in before. I don't see that as decreasing safety. I see that as an appropriate standard."
Though some parts are too big and too expensive to replace, industry defenders also point out that many others are routinely replaced over the years.
Tony Pietrangelo, chief nuclear officer of the industry's Nuclear Energy Institute, acknowledges that you'd expect to see a growing failure rate at some point — "if we didn't replace and do consistent maintenance."
In a sense, then, supporters of aging nukes say an old reactor is essentially a collection of new parts.
"When a plant gets to be 40 years old, about the only thing that's 40 years old is the ink on the license," said NRC chief spokesman Eliot Brenner. "Most, if not all of the major components, will have been changed out."
Oyster Creek spokesman David Benson said the reactor "is as safe today as when it was built."
Yet plant officials have been trying to arrest rust on its 100-foot-high, radiation-blocking steel drywell for decades. The problem was declared solved long ago, but a rust patch was found again in late 2008. Benson said the new rust was only the size of a dime, but acknowledged there was "some indication of water getting in."
In an effort to meet safety standards, aging reactors have been forced to come up with backfit on top of backfit.
As Ivan Selin, a retired NRC chairman, put it: "It's as if we were all driving Model T's today and trying to bring them up to current mileage standards."
For example, the state of New Jersey — not the NRC — had ordered Oyster Creek to build cooling towers to protect sea life in nearby Barnegat Bay. Owner Exelon Corp. said that would cost about $750 million and force it to close the reactor — 20-year license extension notwithstanding. Even with the announcement to close in 2019, Oyster Creek will have been in operation for 50 years.
Many of the safety changes have been justified by something called "risk-informed" analysis, which the industry has employed widely since the 1990s: Regulators set aside a strict check list applied to all systems and focus instead on features deemed to carry the highest risk.
But one flaw of risk-informed analysis is that it doesn't explicitly account for age. An older reactor is not viewed as inherently more unpredictable than a younger one. Ed Lyman, a physicist with the Union of Concerned Scientists, says risk-informed analysis has usually served "to weaken regulations, rather than strengthen them."
Even without the right research, the NRC has long reserved legal wiggle room to enforce procedures, rules and standards as it sees fit. A 2008 position paper by the industry group EPRI said the approach has brought "a more tractable enforcement process and a significant reduction in the number of cited violations."
But some safety experts call it "tombstone regulation," implying that problems fester until something goes very wrong. "Until there are tombstones, they don't regulate," said Blanch, the longtime industry engineer who became a whistleblower.
Barry Bendar, a database administrator who lives one mile from Oyster Creek, said representatives of Exelon were asked at a public meeting in 2009 if the plant had a specific life span.
"Their answer was, `No, we can fix it, we can replace, we can patch,'" said Bendar. "To me, everything reaches an end of its life span."